Arrears - frequency of communication

[DoricPixie]

BTL_Landlord,

I wonder why the letting agency drafted a tenancy agreement themselves when you can it for free from the Scottish government. In any case, the clause you quoted doesn't say there only needs to be 1 month's arrears before the eviction process can commence. It is not very well worded but what it is trying to say is that on the day of the hearing at the FTT the tenant still needs to owe 1 month's worth of arrears. The tenant needs to owe 3 consecutive month's worth of rent at the time you commence eviction proceedings. The tenant can clear some of the arrears before the FTT hearing but if they can't get the arrears below 1 month's worth there is a good chance they might be evicted.

[BTL_Landlord]

Thanks. I've had clarification from the letting agent who advise it's any arrears amount over a 3 month consecutive period before the LL can instigate eviction process. Then, at point of FTT, if arrears still equal or are greater than 1 months rent, eviction might be granted, however FTT treating more cases as discretionary these days.

I think that's the same as you're saying? I was concerned in that, the way I was reading particularly the SG advice, it read to me as though FTT process could only be instigated if the arrears had reached 3 x months rent e.g. £1500 arrears if rent is £500pcm. Thankfully, if I'm now reading all the advice correctly, that's not the case.

[DoricPixie]

Yes, that is the same as I said. I think there is still the potential the FTT won't grant an eviction order even if 1 month's arrears are owed at the time of the hearing.

[BTL_Landlord]

Background. No rent paid April, May, June so three months arrears. Tenant not good at communicating on this. After a few emails, one or two signed for letters and a notice to leave served, they eventually agreed to recommence rent payments and pay down arrears from 1st July. Apparently rent wasn't getting paid due to lack of employment, tenant now in new employment. Tenant was made aware if this agreement was broken (or not entered into), I will be approaching first tier tribunal to seek eviction. The earliest I can do this is 11 July giving sufficient notice to tenants. They acknowledged this. This bit you'll just have to take my word on, I've been very patient and professional in my comms with them, even though I often hear nothing in return until they're pushed.

Low and behold, after not hearing from them for a couple of weeks or more, last night they contact me to advise the new job will pay on the 31st of each month, so realistically it'll be 1st August before they can pay as 31 July will be first pay package. They're seeking a renegotiation to the agreed repayment plan. By this time they'll in effect be four months in arrears. Tbh, part of me thinks they're intentionally drawing this out and I wouldn't be surprised if the August payment simply doesn't happen and/or if I hear from them late July saying 'sorry but ...'

Whether it's intentional or not, I have serious doubts over their ability to continue paying rent let alone arrears. With all this in mind, I'm now more inclined to approach first tier tribunal as opposed to agreeing to a further extension with the tenants. As I say, I can do this from 11 July.

Here's my question. Given all the challenges I've had around lack of comms from the tenants, I'm more inclined not to reply to their latest message. Whilst this approach isn't the way I'd normally do things, if I do reply I suspect I'll then get a mini barrage of messages that I'll need to field. Or they might do the old moonlight move out! Therefore, I'm more inclined just to leave it now (re comms to tenants) and let the first tier tribunal process run its course, even if it finds in their favour.

Am I wrong not to reply to their latest comms?

[DoricPixie]

Just to be clear this rental property is in Scotland isn’t it?

In this situation I would stick to the formal lines of communication as set out in the tenancy agreement; post (1st class with proof of postage from the post office not Signed For) and the email address given.

You don’t appear to want to renegotiate the payment plan so if you must reply send a rent statement by post or email clearly showing the arrears.

[ash72]

I'm assuming your property is in Scotland? What payment plan did you agree upon, how was the arrears going to be paid off? Before you do anything further, if it was me, I would be getting as much information on the T's new employer, and any other information which you may not currently have, this way if you were to evict them then at least you can put a claim with the employee's employer in terms of the wages.

Concerning your comm's I would confirm back that you expect the payments to start on the date you agreed, until the arrears are paid off. I would not cancel or postpone the 1st tier, as you can demonstrate the arrears.

[DoricPixie]

In fact my advice above is remarkably similar to the advice given in your previous thread which is presumably about the same tenant.

https://forums.landlordzone.co.uk/fo...-communication

[Hudson01]

Once a tenant (anybody really) loses your trust then its just a matter of time, i would continue with getting them out, you will never really know if the next months rent will come in, there are so many better prospects out there at the moment. We can pick and choose who will rent our properties, why put up with an idiot, see how they like emergency accomodation ! FYI.... They won't.

[JBJ01]

Once a tenant (anybody really) loses your trust then its just a matter of time, i would continue with getting them out, you will never really know if the next months rent will come in, there are so many better prospects out there at the moment. We can pick and choose who will rent our properties, why put up with an idiot, see how they like emergency accomodation ! FYI.... They won't.

There should be a clause in the contract regarding communicating with landlords as we're expected to respond the other way, but obviously not in this day and age. It's obvious that a tenant showing increasing disregard to the contract is going to shut down communication to the landlord.

The supply and demand crisis facing the PRS means plenty of decent tenants for decent landlords,

Evict current tenant a.s.a.p. !

[BTL_Landlord]

Thanks for the replies all. It's too much to go into on the forum (would become war & peace!) however yes, in a nutshell, I've gradually lost confidence in their ability to maintain rent payments, let alone the arrears. I heard nothing from them until I served the notice to leave, then low and behold next day they contacted me.

I'd rather not go into the specifics re repayment plan, other than to say I spread the outstanding amount over a good few months. However, if I was to agree to another months worth of arrears, I'd either have to extend the repayment plan or increase the monthly repayment amount.

I can sense that the new job won't be highly paid, so I suspect they'll struggle to adhere to the agreement. To be honest, part of me is also thinking of them. As each month goes by, their arrears are increasing, making repayment of ever more unlikely.

I suppose my question is do I need to reply? i.e. will it be looked on as a negative by the first tier tribunal process if I don't? On balance, I'd rather not reply at all as I suspect it'll just lead to more runaround and delaying tactics. My preference now is to remain silent and apply to first tier tribunal.

Good/reasonable plan?

[DoricPixie]

No you don't need to reply to the tenant especially, if as I suspect you are not communicating via post or email i.e. the official communication lines given in the tenancy agreement.

[BTL_Landlord]

Comms in relation to this matter (well, the high majority of them) 'are' now taking place via email and post. It's challenging because sometimes the tenant will reply via text/WhatsApp which is either him simply forgetting to reply via email or he's being a bit crafty.

Thanks again.

[theartfullodger]

Communicate by serving notice to leave (all valid grounds) also supply rent statement.

I'd re-do rent statement every time rent is under or late paid . Calm, polite, letter, keep copy, also email if you have that.